New scale costs rates from 1 May 2026
The daily recovery rates used to calculate scale costs in the High Court and the District Court went up on 1 May 2026. It is the first increase in the High Court since August 2019, and it is a large one: about 38% across every category. If you are claiming or opposing costs, the rate you use can change the award by thousands of dollars.
How scale costs work
Scale costs are a set figure for each step in a proceeding, not a measure of what a party actually spent. Each figure is made up of three things:
- The category of the proceeding. Category 1 is straightforward work for junior counsel, category 2 is average complexity, and category 3 is complex or significant work needing counsel of special skill and experience.
- The time band for the step. Each step (filing a statement of claim, discovery, a hearing day) has an allocation of time in band A, B or C. Band A is a comparatively small amount of time, band B is normal, and band C is comparatively large.
- The daily recovery rate for the category.
The costs for a step are the time allocation multiplied by the daily recovery rate. Add up the steps and you have the scale costs for the proceeding.
The new High Court rates
Daily recovery rates in the High Court:
- Category 1: $1,590 before 1 May 2026, $2,200 from 1 May 2026
- Category 2: $2,390 before 1 May 2026, $3,300 from 1 May 2026
- Category 3: $3,530 before 1 May 2026, $4,850 from 1 May 2026
The new District Court rates
Daily recovery rates in the District Court:
- Category 1: $1,270 before 1 May 2026, $1,750 from 1 May 2026
- Category 2: $1,910 before 1 May 2026, $2,650 from 1 May 2026
- Category 3: $2,820 before 1 May 2026, $3,900 from 1 May 2026
What the change means in practice
Take one step: commencing a proceeding in the High Court. On a 2B basis (category 2, band B) the time allocation is 3 days.
- At the old rate: 3 × $2,390 = $7,170
- At the new rate: 3 × $3,300 = $9,900
That is $2,730 more for a single step. Over a whole proceeding, with pleadings, discovery, interlocutory applications and a hearing, the difference quickly runs into tens of thousands of dollars.
For a proceeding that ran across 1 May 2026, check which rate applies to each step before you file a costs memorandum. Using the wrong rate for some of the steps is an easy mistake to make and an easy one for the other side to point out.
Working it out
The Two Bees court costs calculator has both sets of rates for both courts. Pick "HC from 1 May 2026" or "DC from 1 May 2026" for the new rates, or the earlier option for the old ones, then choose the category, the steps and the band for each. It produces a costs schedule you can download and attach to a memorandum.
This article is general information, not legal advice. Costs are always in the court's discretion, and the scale is the starting point rather than the end of the analysis.